The Ruling on Divorce and Prohibition with the Intention of Intimidation and Restraint
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Question:
His third question states: Between him and his wife, he said: I swore to her once, saying: By the Great Allah, if you do not go to our house today, you are divorced. She was in her father's house in a state of post-natal bleeding, and five days had not passed since her delivery due to a misunderstanding that arose between me and her father. I did not intend to divorce her, but rather I intended for her to fear for herself regarding divorce and go to our house, leaving her father's house. However, after things calmed down, I regretted this oath, and out of fear that she might fall ill during her journey, the important thing is that she did not go to our house. After several years passed, and because of her excessive talking about a topic I do not wish to listen to, I swore to her, saying: By the Great Allah, if you do not stop talking about this matter now, you are divorced. But she spoke. My intention was also to prevent her from talking and to frighten her with divorce, not to divorce her, but to make her obey me in silence. So, do these two oaths result in an oath or a revocable divorce, or an oath and divorce together? Also, as the years passed, I swore to her, saying: If you act in any matter without consulting me, you are forbidden to me like my mother and my sister. I also intended to threaten her not to act without consulting me and obeying me. Is this zihar or an oath?
Please inform us about this. May Allah reward you with good.
Answer:
This behavior is not befitting of you. Rather, one should be careful and not rush to divorce, nor to prohibition. However, since the reality is as you described, and your intention was only to frighten her and urge her to obey your command, then all three of these incidents are in the ruling of an oath. Each one of them is in the ruling of an oath. The first and second divorces and the final prohibition are all in the ruling of an oath. And upon you is the expiation of the oath for these three incidents.
Upon you are three expiations, one expiation of an oath for each incident. It is feeding ten poor people, for each poor person half a sa' of the food of the land, such as dates or otherwise; this is approximately one and a half kilograms. Or clothing them with what is sufficient for prayer, or something more complete than that, such as an izar and a rida, such as a shirt and a turban, which is sufficient for each one. And if you host them for dinner in your house or lunch in your house, that is also sufficient.
And upon you is repentance to Allah from the prohibition; because it is not permissible to prohibit what Allah has made lawful (Glorified and Exalted is He). And what we told you is the most correct of the opinions of the scholars that in this there is an expiation of an oath, and no divorce or prohibition befalls you. This is the stronger of the opinions of the scholars in these three matters. We ask Allah for guidance for us and for you. Yes.
The presenter: O Allah, amen.
The presenter: In the final oath of zihar, it is not zihar, is it?
The Shaykh: No. It is an oath, its ruling is the ruling of an oath.
The presenter: Its ruling is the ruling of an oath?
The Shaykh: Its ruling is the ruling of an oath, yes.
His third question states: Between him and his wife, he said: I swore to her once, saying: By the Great Allah, if you do not go to our house today, you are divorced. She was in her father's house in a state of post-natal bleeding, and five days had not passed since her delivery due to a misunderstanding that arose between me and her father. I did not intend to divorce her, but rather I intended for her to fear for herself regarding divorce and go to our house, leaving her father's house. However, after things calmed down, I regretted this oath, and out of fear that she might fall ill during her journey, the important thing is that she did not go to our house. After several years passed, and because of her excessive talking about a topic I do not wish to listen to, I swore to her, saying: By the Great Allah, if you do not stop talking about this matter now, you are divorced. But she spoke. My intention was also to prevent her from talking and to frighten her with divorce, not to divorce her, but to make her obey me in silence. So, do these two oaths result in an oath or a revocable divorce, or an oath and divorce together? Also, as the years passed, I swore to her, saying: If you act in any matter without consulting me, you are forbidden to me like my mother and my sister. I also intended to threaten her not to act without consulting me and obeying me. Is this zihar or an oath?
Please inform us about this. May Allah reward you with good.
Answer:
This behavior is not befitting of you. Rather, one should be careful and not rush to divorce, nor to prohibition. However, since the reality is as you described, and your intention was only to frighten her and urge her to obey your command, then all three of these incidents are in the ruling of an oath. Each one of them is in the ruling of an oath. The first and second divorces and the final prohibition are all in the ruling of an oath. And upon you is the expiation of the oath for these three incidents.
Upon you are three expiations, one expiation of an oath for each incident. It is feeding ten poor people, for each poor person half a sa' of the food of the land, such as dates or otherwise; this is approximately one and a half kilograms. Or clothing them with what is sufficient for prayer, or something more complete than that, such as an izar and a rida, such as a shirt and a turban, which is sufficient for each one. And if you host them for dinner in your house or lunch in your house, that is also sufficient.
And upon you is repentance to Allah from the prohibition; because it is not permissible to prohibit what Allah has made lawful (Glorified and Exalted is He). And what we told you is the most correct of the opinions of the scholars that in this there is an expiation of an oath, and no divorce or prohibition befalls you. This is the stronger of the opinions of the scholars in these three matters. We ask Allah for guidance for us and for you. Yes.
The presenter: O Allah, amen.
The presenter: In the final oath of zihar, it is not zihar, is it?
The Shaykh: No. It is an oath, its ruling is the ruling of an oath.
The presenter: Its ruling is the ruling of an oath?
The Shaykh: Its ruling is the ruling of an oath, yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.